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Civil Liberties. 1st amendment freedoms. Ist amendment--Religion-- Establishment Clause. Jefferson’s “wall between Church and State” School Prayer: can students pray at school? Engel v Vitale (1962) “govt has no business leading or writing prayers”

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Presentation Transcript
civil liberties
Civil Liberties
  • 1st amendment freedoms
ist amendment religion establishment clause
Ist amendment--Religion-- Establishment Clause
  • Jefferson’s “wall between Church and State”
  • School Prayer:
  • can students pray at school?
  • Engel v Vitale (1962)
  • “govt has no business leading or writing prayers”
  • 2000 Texas students speaking at request of school officials cannot lead prayer at football games
  • 2001 USSC ok’s Virginia’s moment of silence
  • In CA, state efforts to pass moment of silence laws have failed, but some school boards have passed it
ist amendment religion free exercise clause
Ist amendment--Religion-- Free Exercise Clause
  • Flag Salute cases (1940, 1943)
  • state should not force patriotic acts on religiously dissenting minorities
ist amendment free speech political speech
Ist amendment--Free Speech--political speech
  • Alien and Sedition Acts (1798)
  • Schenk v US (1919)
  • clear and present danger test--largely dormant for 50 years
  • Texas v Johnson (1989)
  • flag burning is protected symbolic speech
free speech location
free speech--location
  • Ct. says US constitution grants no free speech rights on private property, such as malls
  • state constitutions may grant such rights (California and 6 others)
ist amendment free speech libel and slander
Ist amendment--Free Speech--libel and slander
  • NY Times Co. v Sullivan (1964)
  • “actual malice”
  • Hustler Magazine v Falwell (1988)
  • public figures need thick skin
ist amend free speech obscenity
Ist Amend--Free Speech--obscenity
  • Different standards for different media
  • Under the Warren Ct.:
  • no protection for “obscenity”
  • national standards
  • “utterly without” redeeming value
  • Miller v California (1973)
  • local community standards
  • an average person find the material “patently offensive”
  • “dominant theme of the material taken as a whole”
  • but today: porn allowed for “consenting adults,” little to be done anyhow
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